The contract between the broker and the seller is a contract for the transfer of an interest in real property and, therefore, must be in writing to be legally enforceable.

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The contract between the broker and the seller is a listing agreement, which is a contract for services (the broker's efforts to find a buyer), not a contract for the transfer of an interest in real property. While it often is in writing for clarity and proof, the requirement for it to be in writing stems from the statute of frauds in some jurisdictions, not because it's a transfer of real property interest. Contracts for the transfer of an interest in real property refer to deeds or sales agreements between buyer and seller.

The Contract Between the Broker and the Seller Is a Contract